Court No. - 10
Case :- WRIT - C No. - 7440 of 2021 Petitioner :- Saurabh Kant Dixit Respondent :- State Of U.P. And 2 Others Counsel for Petitioner :- Syed Wajid Ali,Santosh Kumar Singh Counsel for Respondent :- C.S.C.,Rohit Pandey
Hon'ble Siddhartha Varma,J.
The petitioner had passed the first year of B.Ed. 2016-17 examination and received his mark-sheet thereafter. In the fourth paper of Pedagogy of Biological Science, the petitioner obtained 25 marks out of 80 whereas to get declared pass in the subject, the petitioner was required to obtain 29 marks out of 80 marks. However, as the petitioner had failed only in one subject he was promoted and thereafter he was also allowed to appear in the B.Ed. second year examination. When thereafter the petitioner's result was not declared, he filed the instant writ petition.
Learned counsel appearing for the respondent-University has stated that the petitioner had been promoted to the second year on the condition that within three years he had to once again appear in the examination of the fourth paper of B.Ed. part one i.e. in the paper of Pedagogy of Biological Science and had to pass in that subject. However, since the petitioner had not appeared in the examination, he cannot now be declared pass in the B.Ed. second year examination and cannot be awarded the degree.
Learned counsel for the petitioner, however, submits that for one reason or other, the petitioner could not appear in the examination of Pedagogy of Biological Science of the first year and, therefore, one more opportunity be granted to him to appear in the said examination.
Having heard learned counsel for the parties, no useful purpose can be achieved by asking for a counter affidavit or by keeping this petition pending. However, it would be in the interest of the justice that one more opportunity be granted to the petitioner.
Under such circumstances, the petitioner may, therefore, file a representation before the Controller of Examination of Chhatrapati Shahu Ji Maharaj University, Kanpur who shall consider the representation of the petitioner sympathetically and if there is no bar, he may allow the petitioner to appear in the fourth paper of the first year B.Ed. examination namely in the subject of "Pedagogy of Biological Science". The petitioner may represent within a period of two weeks from today and the Controller of Examination of the respondent-University shall pass a reasoned order on the representation within a period of two weeks thereafter.
With these observations, the writ petition stands disposed of.
Order Date :- 30.7.2021 GS (Siddhartha Varma, J.)